If a large employer is about to cut a lot of jobs, federal law usually requires them to tell you well in advance. That law is the Worker Adjustment and Retraining Notification Act, or WARN. It is the reason a layoff often shows up in a public filing weeks before anyone loses a paycheck, and it is the data that powers this site.
Who the WARN Act covers
The federal WARN Act applies to employers with 100 or more employees. When counting, employers generally exclude workers who have been on the job fewer than six of the last twelve months, and those who work an average of fewer than 20 hours a week. (U.S. Department of Labor)
What triggers a notice
Two events trigger the 60-day notice requirement (DOL WARN compliance, 20 CFR Part 639):
- A plant closing that affects 50 or more employees at a single site.
- A mass layoff affecting at least 50 employees who make up 33% or more of the workforce at a site, or 500 or more employees regardless of the percentage, over any 30-day period.
How much notice, and to whom
Covered employers must give at least 60 calendar days of advance written notice. The notice does not just go to workers. It also goes to their representatives, the state's dislocated worker unit, and the chief elected official of the local government. (DOL) That last part is why these filings are public, and why a tracker like CanaryWhistle's calendar can show layoffs before the news does.
The exceptions
The 60-day rule is not absolute. Notice can be shortened in three situations: a faltering company actively seeking capital, unforeseeable business circumstances, and a natural disaster. (Congressional Research Service primer) Even then, the employer is generally expected to give as much notice as is practical and explain why it fell short.
What you are owed if they skip it
An employer that violates the notice requirement can be liable to each affected worker for back pay and benefits for each day of the violation, up to 60 days. There is also a civil penalty of up to $500 a day owed to the local government. Employers can reduce or avoid the worker penalty by paying what is owed within three weeks. (penalty summary)
One important catch: there is no government agency that enforces WARN for you. Enforcement happens through private lawsuits in federal district court, and a court can award attorney's fees to the side that wins. (CRS)
Your state may give you more
Federal WARN is the floor, not the ceiling. More than a dozen states have their own "mini-WARN" laws with lower thresholds, longer notice periods, or even mandatory severance. We cover those differences in WARN Act by State.
If you want to see which employers have already filed, browse the upcoming layoffs calendar or your state's page.